jon: busy two hours. golf perry told you texas won't buy into the medicaid expansion. jenna: won't do it. jon: the guy followed by the shark in cape cod. jenna: busy day. [laughter] "america live" starts right now. megyn: fox news alert on a telling new poll that shows americans believe president obama has changed this country as he campaigned and promised that he would to back in -- would do back in 2008, but not as many had hoped. welcome to "america live," i'm megyn kelly. a new polling question is shaking up the campaign today. first, the hill asked people if they believed the president has changed the country. 68% said, yes, he has. and when they were asked how, the results not good news. 56% of voters believe that during the first three years of the obama administration the president has changed america in a negative way, for the worse.

35% believe the country has changed for the better. one in five democrats believes the president has changed the country for the worse. chris stirewalt is our fox news digital politics editor and host of "power play" on foxnews.com. so there you have the numbers, you know, in black and white, chris. 56% of those polled believe that he's changed this country for the worse, and that includes one in five democrats. i mean, you kind of maybe expect it from the republicans, but one in five democrats. put that in perspective. >> well, megyn, we've talked about it before. the president made a choice after what he called called the shellacking, that historic defeat his party took in 2010 midterms, not to move to the middle. he chose to remain a sort of liberal icon and has spent a lot of time taking care of his base. and the 20% of democrats there that think he's changed the country but for the worse, those are those clinton democrats,

those moderate democrats who have not been happy with the fact that the president didn't choose to move to the middle or soften his stances. megyn: just to interrupt you so the viewers can see, 91% of republicans think he's changed it for the worse, 20% of democrats and 56% of other which that's how the hill did the poll, and we assume that's independents and other party affiliations. go ahead. >> well, just to that very point is that the president is now running a campaign that says things aren't so bad, and i didn't do that much. it wasn't a transformative time. we did some common sense, necessary things. the auto bailout. look at the way they sell the health care law. they don't talk about the new entitlement program, how it is a transformative event. it is a historic change in the way america is going to operate. they talk about sort of the patients' bill of rights kind of thing that you could have gotten a lot of republican votes for. the goal for the president now is to reduce those numbers and

say i wasn't a huge agent of change, i was just a sensible, fairly moderate guy, but that sales pitch doesn't seem to be getting through right now. megyn: is there something to be said here for these numbers in the face of what has largely been an adoring media? >> well, there are some folks out there that do seem to like him a pretty good bit. but remember this, the media likes a good story, and they also like winners. you'll notice that when the president was having that rotten june and things were going the wrong way, going the wrong way, there was a lot of piling on. he snapped back a little bit because there's a lot of hits out on romney. but the deal for the president right now as it relates to the press is just trying to sic them on mitt romney, to try to get his very negative campaignagainst mitt romney to be echoed in the press as much as possible and keep the attention off of him. he wants to be seen as better than mitt romney. megyn: but when you look at the president's first three years in office, has this media been tough on him? when you have 56% of the people

saying he's changed this country for the worst, and you've got one in five democrats saying he's changed this country for the worse, in the face of these blowing new york times editorials every week and not just editorials, but reports by the reporters in the mainstream media on everything from the health care law to cash for clunkers to the jobless numbers, you know, with a positive spin as much as, you know, they could in some circles, you know, does that, does that tell you something? that the american people, that they have their own opinions, you know, regardless of the attempted influence from the left or the right? >> well, and the number might be even higher if the kind of coverage was different. for goodness sakes, today the president goes out and talks about a plan he's talked about before, about increasing the tax rate for top earners. and it's being talked about like it's a big deal, like it's all these thing. so, yeah, he knows he can count on a lot of favorable coverage. it helped him in 2008. but as you saw with the other,

those independent voters there, there's a pretty good malarkey detector out there, the american electorate, and they know if the reporters are trying to snow 'em. megyn: what is the feeling in washington, you know, as opposed to -- i mean, we get e-mails from viewers in middle america who tell us that they feel we may be in the middle of a sea change in this country in terms of how we live, how much government we allow into our lives cans so on. is that perception alive and well inside the beltway, you know, the hub of government? >> well, it comes from the outside in because people in washington are so cynical, and they say, oh, you know, it's all about the same, it doesn't make any difference. but the strong sense in regular america, in real america that there's a problem, that we have reached a point whether they want to go left or right but a time of choosing, a time or decision for the country, that has echoed so loudly back into washington that there is a sharp intake of breath for a lot of congressmen, a lot of lawmakers

here in washington that they realize how high the stakes are. and when you look at everything on the table about taxes and spending and everything else and you add in the health care law, that understanding is youing, and the stakes of this election get higher every day. megyn: yeah. they talked about the stakes of the election in the hill poll. it's interesting, they talk about would mitt romney change america, and they talk about how much attention people are paying to this election, and the answer is quite a bit. chris stirewalt, thank you. >> you bet. megyn: so should the obama re-election team be worried about these poll results, or are these numbers just that, numbers? we will get a former member of the bush administration and the chairman of the south carolina democratic party to weigh in on this in a fair and balanced debate coming up. well, as chris just mentioned, the president outlined his plan moments ago for a new tax hike, calling for an increase in taxes on families earning more than $250,000 a year, families and small business owners and so on. here's a little bit of the president's argument on that.

>> so i'm not proposing anything radical here. i just believe that anybody making over $250,000 a year should go back to the income tax rates we were paying under bill clinton. back when our economy created nearly 23 million new jobs, the biggest budget surplus in history and plenty of millionaires to boot. megyn: but is that a shift from the president's 2009 remarks that tax hikes in a weak economy are a bad thing? we are awaiting the start of a white house news conference where we expect the press secretary, jay carney, to take questions on the president's announcement. and coming up in a few minutes, we will speak with lou dobbs and ask him about what impact these new tax hikes will likely have on a struggling economy. ♪ megyn: well, there's been much back and forth over whether the health care law's individual

mandate is a tax or penalty and so on. the u.s. supreme court says it's a tax, government still maintains it's not. but some republicans argue this is not the point, that the taxes from the individual mandate, what have you, are only a small part of the federal law which raises a trillion dollars' worth of taxes over the first ten years separate and apart from the mandate, and then more after that. our chief national correspondent jim angle taking a closer look at this live in washington. >> reporter: that's right. after all, the argument over whether the president's individual mandate is a tax or not, some democrats are now trying to put it on romney. >> let's get down to the bottom line here. mitt romney is the obamacare daddy. he gave birth to this baby up in massachusetts, and now he doesn't recognize it and can't pick out any strengths in the hereditary chain there that look like anything that he did in massachusetts. >> reporter: analysts, however, say there are huge differences between obamacare and romneycare, the biggest of which is that the president had

to raise a trillion dollars in revenues over the first ten years, more in later years to cover the costs. and governor romney didn't raise taxes at all. >> certainly, the obama plan that came out of congress raised taxes significantly. the romney plan was not predicated on having to use tax money to be able to finance it. >> taxes on health care plans, on health insurers, on medical device manufacturers, so he's got a whole host of new taxes in order to make this thing appear deficit neutral. >> reporter: now, massachusetts had 8% uninsured, and the romney plan focused on fixing that, not changing the entire health care system as the president's plan did. so whether you work for a large company or on your own, you would be impacted by the obamacare law. in massachusetts it really only affected the 8% that were uninsured. but some suggest that romney had help. listen. >> well, the federal government provided governor romney with hundreds of millions of dollars in medicaid matching funds which is what he used to fund the

proposal. and the federal government doesn't have anybody else they can turn to for money, so they needed to raise the taxes. >> reporter: now, analysts say massachusetts was going to get the money anyway, but instead of giving it to hospitals to cover people without insurance, it gave the money to those people, to the individuals, so they could buy insurance. so two entirely different approaches, megyn, aimed at helping the uninsured. megyn: interesting. jangle, thank you. >> reporter: yes, ma'am. megyn: a tense situation developing at our southern border. border patrol agents opening fire after being pelted with rocks and having a gunman point a weapon in their direction on the mexican side. that is their claim. and now the mexican government is upset as it claims an underaged mexican citizen was killed. trace gallagher has the breaking news live from our l.a. bureau. >> reporter: it happened near brownsville, texas, and remember, the rio grande is often dry, so it really is just a concrete culvert with no

praise to hide for the agents. the border patrol is acknowledging, in fact, that two agents fired into mexico, one because he was being pelted with rocks, the other because a gun was being pointed at him. now, the border patrol says it has no knowledge of anyone being hit on the mexican side, but mexican authorities say a teenager was shot and killed. remember this? this is the incident back in 2010 where a border patrol agent who was on a bicycle shot and killed a 15-year-old because the 15-year-old and other teens were throwing rocks at two border patrol officers. that clearly caused some big time tension between the u.s. and mexico, so much so that a day later -- remember this? -- the mexican federales lining up on the other side of the border, and the border patrol on our side with shields. it was almost like a showdown. the mexican government believes the border patrol is using excessive force. but to remind you, the border patrol considers rock throwing

to be a lethal weapon. look at this picture. because over the years we have detailed time and time again border patrol agents being severely wounded after getting hit with rocks. they believe it's lethal force, and if someone throws rocks, they are to fire back against them.ing further response from the mexican government, but this thing will get uglier before things cool off down there, megyn. megyn: thank you. we are tracking a developing story from the campaign trail this hour where there are troubling new reports about how far some campaigns are going with video stalking. some republicans say they're being stalked, recorded at home. not just the candidates, but their families. even at the grocery store. coming up, we will speak to two congressmen who say they are victims of video stalking, and some top democrats who are standing behind the tactic. and an aspiring model stalked by a dangerous man with hundreds of graphic death threats being made to her. we examine what was done to keep

her safe and what wasn't. the situation in which no one wants to find themselves. and president obama announcing new tax hikes today, backtracking on a policy outlined just three years ago. now even some in the his own party are crying foul. lou dobbs is next. [ buzz ] off to work! did you know honey nut cheerios is america's favorite cereal? oh, you're good! hey, did you know that honey nut cheerios is... oh you too! ooh, hey america's favorite cereais... honey nut cheerios ok then off to iceland!

syou know, i've helped a lot off people save a lot of money. honey nut cheerios but today...( sfx: loud noise of large metal object hitting the ground) things have been a little strange. (sfx: sound of piano smashing) roadrunner: meep meep. meep meep? (sfx: loud thud sound) what a strange place. geico®. fifteen minutes could save you fifteen percent or more on car insurance.

you won't just find us online, you'll also find us in person, with dedicated support teams at over 500 branches nationwide. so when you call or visit, you can ask for a name you know. because personal service starts with a real person. [ rodger ] at scottrade, seven dollar trades are just the start. our support teams are nearby, ready to help. it's no wonder so many investors are saying... [ all ] i'm with scottrade.

without freshly-made pasta. you could also cut corners by making it without 100% real cheddar cheese. but then...it wouldn't be stouffer's mac & cheese. just one of over 70 satisfying recipes for one from stouffer's. >> the last thing you want to do is to raise taxes in the middle of a recession because that would just suck up, take more demand out of the economy and put businesses in a further hole. megyn: well, that was president obama back in 2009 warning against tax hikes in a weak economy, there a recession. but just an hour ago he walked into the east room and called for major new tax hike on anyone making more than $250,000 a year, a move that even democrats are worried could punish some small business owners who create a whole lot of america's jobs. lou dobbs is the host of lou dobbs tonight on the fox business network. lou, the president said that during a recession. we're not technically in a recession anymore.

does that make the tax hikes now okay? >> i think not, and because this is not a recession by classic definition. it means very little. it is a jobless recovery. when we include discouraged workers, megyn, as you know, 15% of the country's -- megyn: right. it's not 8.2%, it's 15%. >> and for this president to even stand up here by himself and say he's going to raise taxes, first of all, ignores the fact that this is a republican-led congress that is adamantly against raising taxes to their credit and, secondly, it ignores the fact that his own party is not participating in this call for new taxes. in fact, nancy pelosi, the minority leader in the house, has said maybe at a million, but certainly not at $250,000. megyn: well, that's the interesting thing. he actually tried to get this through before in the senate which is controlled by the democrats, and they said, no. >> no deal. megyn: is this a partisan thing? is in the white house versus everyone else? >> this is a desperate president

who finds himself locked up in, basically, a dead heat in battleground states all over the country right now with four months to go until the election. he doesn't know what to do. he's talking about being, first of all, a man who cuts taxes and then talking about he wants to raise taxes. this is one of the most confused -- megyn: only on the rich, he says. i'm only going to raise taxes on the rich. >> well, if you define rich as $250,000 in this country -- megyn: which he does. >> -- then you have a sorry understanding of what wealth is in this country because that represents sole proprietorships, s corporations, you go through the number of small businesses, you're talking about as many as half, as many as half of the small businesses in the country. megyn: he says that's not right. he said lou dobbs is going to go on fox news today and make this argument. [laughter] he says you know what my critics are going to say, small businesses. he said remember this: 97% of small business owners make less than $250,000 a year -- >> right. megyn: mine tax hike is only o

going to cut 3% of small businesses, and i've cut tax for small business 18 times since taking office. >> yeah. his cutting tacks 18 times is fascinating, but the reality is that 3% focusing as it does on individuals ignores the fact that these other corporations, s corporations, sole proprietorships, partnerships are bring anything this money and will be susceptible -- megyn: so you don't believe the 97% number? >> it's spurious at best, specious, false and wrong, if i can put it that way. [laughter] and secondly, let's be clear. this man will not raise taxes on anyone. he will not raise taxes no matter how dramatic or imperious he is in his declaration. he required the approval of congress. at last look -- megyn: that's not true, that's not true. the taxes are going up. the bush tax cuts which have been in place for ten years are expiring at the end of this year, and what he's arguing for

is let's do something to stop that from happening on the middle class, but the rest of america, they can pay more. >> trust me on this, this will be my -- if i may -- my offset to the president's declaration. the imperial presidency will not make this determination because he has an election that he will stand accountable before the american people. and the republicans controlling the house of representatives, his own party are in disagreement with him. he will not stand on this issue. the democrats, his own party, will resist him, the republicans will resist him, and the fact is this is a president with a 15% unemployment rate who's talking about raising taxes instead of creating jobs. that's idiocy. megyn: but when you poll the american people, they're in favor of raising taxes on the rich, and he says he's concerned with fiscal restraint, that we need to attack these budget deficits and this massive debt and pinch the rich. >> wow. this is why president obama's such a great leader: this tax would raise an estimated $85 billion in one year.

that would pay for the federal government to operate for eight and a half days. eight and a half days. meanwhile, he's run up deficits and the national debt by about $4.5 trillion in three and a half years. this man is not making sense as the leader of this great nation. megyn: lou dobbs, thank you, sir. >> thanks. good to be with you. megyn: coming up, breaking news right now in the tom and katie divorce. tomkat. the surprising big news from hollywood. guess what? we'll tell you. plus, attorney general eric holder and the state of texas are in federal court today. they are trying to get a green light for what they call an effort to better protect the voting booth -- this is the doj -- and to guard -- no, no, this is the texas folks. they say we want to guard against voter fraud, but the department of justice is saying not so fast. now a court will get to decide. and fast food chain mcdonald's has long sponsored the olympics, but now there are

questions of whether the king of the big mac should be banned as a sponsor because of the evil product they sell. >> one day i'm going to win that medal. gotta keep going, pressing on -- [cheers and applause] ♪ [ humming ] [ humming ] [ male announcer ] kraft macaroni & cheese. you know you love it.

>> he approaches the hand stapped -- handstand. >> you win, too, with a big mac, regular fries and medium soft drink. >> he did it! >> and you can, too, because with a u.s. win, you win! ♪ the good times, great taste of mcdonald's. [laughter] megyn: don't you love those? doesn't that take you back? mcdonald's sponsoring the olympic games this summer in london as it has for many years, but some critics argue the fast

food chain should be banned because some of their food is not considered healthy. mayor bloomberg r you there? are you in london? who is deciding this? charles payne, who is it? he's with the fox business network. [laughter] >> well, apparently, someone at the olympic, part of the selection committee, one of the top executives there just had an epiphany that they sell hamburgers and milk shakes at mcdonald's. they actually said mcdonald's and coca-cola, by the way, it was a tough decision for them to allow them in to be sponsors in the olympics which, you know, i've got to tell you, megyn, it's kind of hard to believe. mcdonald's is their number one sponsor, has been sponsoring the games since 1976. they go back even further than that, and, you know, listen, everyone's -- the food police is out there in force, and everyone's trying to sound politically correct although i've got to tell you it would be hard for me to believe they would kick out two of the biggest sponsors. megyn: what is mcdonald's supposed to do? they already have a grilled

chicken sandwich on the menu, they've got salad on the menu, they've taken toys out of the happy meals, i mean, what more do they have to do? does every single option on the menu need to be healthy for them to be a viable candidate for sponsorship of the olympic games? >> i think you're right. the tofu burger without a bun -- megyn: and only that! that's all you can get at mcdonald's. >> you know, i thought mcdonald's should call their bluff and say we'll give it to, i don't know, the goodwill games, that's a lot of money to turn away. they do say, in the olympic committee says they did allow mcdonald's and coke in just by the hair on their chins because they are move anything the right direction with respect to healthy choices. megyn: the thing about mcdonald's meals, in part they have high fat, but they also have high calories. do you know who needs a lot of calories? >> athletes. megyn: olympic athletes!

they might need to replenish and might give themself a pass on having a big mac here and there. but, no! >> i guarantee you, every single athlete at the games has been at mcdonald's and had mcdonald's in their lifetime. i guarantee it. megyn: and every single person in this studio and in your studio and on earth! >> and on earth. [laughter] megyn: all right, charles, thank you. >> see you later, megyn. megyn: because the other food in london, the food is so healthy. the fish and chips, all the beer that's everywhere, there's, like, sauce on everything in europe. that's a much better alternative for those athletes. okay. fired up about that today! breaking news coming up in the tom and katie divorce. the surprising big news from hollywood, it just broke moments before we started the show, and we will have it for you right after the break. plus, some republicans say they are being video stalked. in a new and troubling way by their political opponents. recorded at home, with their families, even at the grocery store. is this what your politics has come to? is this appropriate? coming up, we'll speak to two

congressmen who say they've been victims of this, and they've really had about enough. plus, a spirit airlines flight is diverted because of a disruptive passenger onboard, but why were the other hundred people on the flight forced to wait on the tarmac for 19 hours? >> it was terrible. it was unreal. it was painful. nineteen hours. nineteen hours, we were in this mess. [ male announcer ] it's simple physics... a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually ease arthritis sympto. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies,

celebrex is proven to improve daily physical function so moving is easier. celebrex can be taken with or without food. and it's not a narcotic. you and your doctor should balance the benets with theisks. all prescription nsaids, like celebrex, ibuprofen, naproxen, and meloxicam have the same cardiovascular warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart disease risk factors suh as high blood pressure or when nsaids are taken for long periods. nsaids, including celebrex, increase the chance of serious skin or allergic reactions or stomach a intestine nsaids, including celebrex, problems, such as bleeding and cers, which can occur without warning and may cause death. patients also taking aspirin and the eldey are at incrsed risk for stoch bleeding and ulcers. do not take celebrex if you've had an asthma attack, hives, or other allergies to aspirin, nsaids or sulfonamides. get help rightway if you have swelng of the face or throat, or trouble breathing. tell your doctor your medical history and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex.

for a body in motion.

♪ [ female announcer ] life is full of little tests, but bounty basic can handle them. in this lab demo, bounty basic is stronger than the leading bargain brand. everyday life. bring it with affordably priced bounty basic. ♪ what can i get you ? cheeseburger. you know what,g? b-ball, anyone ? and then take your leg wide out to the side. you can do it, dad thanks, girl i'm really proud of you, dad. make the most of your network with verizon.

more 4g lte coverage than all other networks combined. megyn: as promised, our tom and katie news. tom cruise and katie holmes have now reached a divorce settlement. that may set the record for the fastest settlement in hollywood history. hmm, why would that be? she files for divorce, he says it was unexpected, then we have weeks of leaks, well, maybe two weeks if that, about scientology and some weird, alleged facts about it. her concerns for her daughter, being indoctrinated into the religion, that he's, you know, high up in, and now suddenly we get this divorce settlement. everyone's happy today. in a statement, cawtty's attorney says she is excited to embark on the next chapter in her life. no other details have been released. she filed for divorce, yeah, less than two weeks ago. hmm. fox news alert now on a federal court fight unfolding today over a voter id law in

texas that's being blocked by the doj. this law requires voters to have government-issued photo identification. back in march -- to vote, they need it. back in march the justice department shot down that law on the grounds that they felt it might discriminate against minority voters. well, the state fired back with a lawsuit against attorney general eric holder, and that lawsuit's in court today. joining me now, julian epstein, the former legal counsel to the house judiciary committee, and jay sekulow who's the chief counsel to the american center for law and justice. so now they get their day in court. there are two instances in which states are challenging eric holder for trying to stop their voter id laws, that's south carolina and texas. but there are other 30 states that are implementing these types of laws. the difference is down in certain states in the south the doj has to give its approval because of a history, a proven history of discrimination years ago. jay, you tell me, the other side

says there's no proof of voter fraud. there's no proof -- so you're trying to solve a problem that doesn't exist in a way that's going to disenfranchise minorities. >> well, number one, it doesn't disenfranchise minorities because the fact of the matter is that the way the voting systems are set up with the voter ids, these voter ids are free. there have been problems. julian and i have talked about this before, i think we have better solutions than some legislators, but the fact of the matter is this, there has been 50 cases in texas and over a hundred the department of justice has prosecuted for voter fraud. when you get pulled over for a speeding ticket, what does the police officer ask for? your copy of your driver's license. these ids are available for free. i've been voting for a long time, i'm 56 years old, i've been voting a long time. every time i've gone to vote, i've had to show id. and i don't think that should be different for anybody else.

texas and south carolina are under these preclearance reviews required from some concept orders back in the 1960s. we're now in 2012, enough already. >> julian, can you speak to this? i'll tell you the e-mails we're going to get. they're going to say voting is a privilege, it's not a right. you have to show your photo id to drive a car, as jay said, to board an airplane, to walk in a lot of buildings. why shouldn't we set the bar high when it comes to casting a vote? >> well, because you have to assess -- i'm getting mixed messages in my ear. you have to assess what benefit you're getting. we have about 10-20% of all registered voters do not have government-issued ids. that is often about twice as many for hispanic and african-americans. in many, many jurisdictions as we've discussed, megyn, you have these state offices that issue these government photo ids that are located hundreds of miles away from where residents may be. so you have the potential of disenfranchising 10-20% of

registered voters. and what's the benefit you get for it? well, in-person voter fraud has been studied in ohio, it's been studied in kansas, it doesn't exist in any of those studies. as jay said, the justice department has found a hundred cases maybe in the past decade where we've seen in-person voter fraud. that's an exceedingly small number of cases, an exceedingly small number of cases. even in the indiana case that jay loves to cite, the court, the supreme court there said that the state of indiana failed to show any evidence of in-person voter id. this has been studied -- megyn: voter id fraud. >> i beg your pardon, voter id fraud. this has been studied in states all over the country. the justice department has virtually no cases of voter fraud other than the small handful in the last decade. so what you're getting is you're curing a problem that there's no evidence exists, but the price of that is the potential be disenfranchisement of 10-20% of registered voters. megyn: listen, the point that is

interesting is that they're offering these free id cards to help people, you know, who don't have an id get their id, and then they can vote. but the doj says, well, 81 of texas' 254 counties don't have offices for the people who get the id. so, you know, the practical reality -- they're not going to do it. >> yeah. there's a cure provision. well, you know, you're not going to do it, hey, look, voting is a privilege. i mean, there are things you have to do to vote, and i think asking for identification to make sure you're the person that's actually casting the vote, especially texas has had in six districts they've had decisions in races decided by less than 50 votes. so this becomes very important for not just on the federal level, but on the state level as well. let me point to one oh thing that i think is important. there is a cure provision. you could actually go to the voting place, not have the id and cast a ballot, and depending on the state you're given somewhere between six and ten days to get the id.

so whether they need to have more id locations available, you could argue about that. but this idea that you can't vote is not true. you actually can vote even in a situation where that vote, that voter does not have an actual id. >> jay, that doesn't respond to, that doesn't respond -- megyn: let me ask you this, though, julian. even though the numbers are low on the -- the incidents of voter fraud that have been discovered, you know, for every one they discover, there's x number that went undiscovered which justifies texas' and other states' concerns, they say. but you tell me whether it is a discouragement to have to cast a provisional ballot. because jay's point is you can cast a provisional ballot, and then you can go back and prove that you had the id, and the provisional ballots will become relevant in a tight race, so why isn't that a good solution? >> you can cast a provisional ballot o. a lot of studies have shown there is a huge disincentive for people to vote and a barrier for people to vote because they then have to then go get their id,

they then have to prove, they then have to jump through a lot of hoops. it's confusing to a voter, and to your question earlier, megyn, if all of these counties don't have offices -- megyn: 81 of 254. >> yeah, that don't issue these voter id, these photo ids, and even in the places where they do have offices, they're off open maybe 5-10 hours a week. it's just a huge, it's just a huge barrier, a huge disincentive for people to vote when, in fact, you're getting nothing out of it. there is no study -- >> but, julian -- >> -- in the united states that -- >> do do you not show an id when you vote? do you show an id? >> you and i are very different. you and i are very different because, you know, we're engaged in the political process. >> you have to show your id, right? >> whoa, whoa, we're not talking about you and me, jay. >> no, but -- >> let me finish the answer. frequently, african-american and hispanic who live in rural areas in texas that don't have places where they can get government-issued ids, and the

impact is on these eligible voters. megyn: i've got to run, jay. >> here's the quick response. the fact of the matter is julian and i do have to show voter id as you do as well because most americans you have to show an id to make sure you're the citizen that's actually casting the ballot. to say that voter identification is unconstitution old or a an impediment to voting, nonsense. the supreme court's rejecting it, and hopefully the three-judge panel will do it again. megyn: yeah. maybe we'll get a result soon. guys, thank you as always. >> thanks for having us, megyn. megyn: well, we have seen the growing use of trackers on the campaign trail, people who go around and record a candidate's every move on the campaign trail in public settings. but these two candidates say recent video stalking by democrats against them, they're republicans, has crossed a line and that they have taken it to a troubling new level, and these are not the only targets. we'll tell you which top democrat is defending the tactic of recording gentlemen like this

at their home, their wives and so on, when these guys join us right after the break. and an aspiring young model stalked on facebook by a very scary guy sending her hundreds of graphic death threats. ahead in kelly's court, what was done to keep her safe, and was it enough? then this -- >> how! stop it. megyn: a fight breaks out after a little league championship baseball game. emotions understandably running high, but those are not the kids. now, tre's gentle, dependable constipation relief fore... and me and me. new dulcolax laxative tablets for women are comfort-coated... so they're gentle on sensitive stomachs. new dulcolax laxative for women

the overnight relief you're looking for.

until i had the shingles. i have never encountered such a burning sensation... it was like a red rash. like somebody had set a bag of hot charcoal on my neck. i had no idea it came from chickenpox. it's something you never want to encounter. for more of the inside story, visit shinglesinfo.com megyn: well, poll politicians know that once they run for office, their lives are open to scrutiny, but some say house democrats are taking this to a whole new level, recording video of their homes, of their families and then posting the pictures to the internet. my guests here say it happened to them.

republican representative jim renacci of ohio and congressman reid ribble. gentlemen, thanks for being here. i'm sure you knew they were going to watch you on the campaign trail, and it could wind up in an ad. but, congressman ribble, did you expect them to be taking video of your home, of your family? >> no, not at all. i mean, i think it really crosses a line of just political decorum, as it were. i think it's fair game for people, trackers or the other party or opposition to tape you when you're in a public event to see what you're saying. i think that's fine. but this type of video doesn't really do anything for them or for the political process, and quite frankly, it really disturbed my wife. she was very concerned about her own personal safety. so i think it is a problem. megyn: we're showing the video, regretfully because, you know, we're telling the story, but, you know, hopefully this is, this is your home and, you know,

you've come on to talk about it. but i want to talk about what specifically they did because is it just posting the video of the exterior of your house, and what benefit do they claim is gained from that? >> well, i'm not exactly certain other than they're probably trying to maintain some type of narrative, either i live in a very expensive home, which i don't. i live in a relatively modest middle class home in a middle class neighborhood in northeast wisconsin. i've been a successful business person, and they might want to try to label me with the 1%, as it were. but my question is, would you rather i wasn't successful? we are trying to manage a $3.5 trillion budget here in this country. i would think you'd want somebody who's had some financial management in their life doing it. megyn: congressman renacci, they did the same to you, why do you feel this goes too far? >> well, again, megyn, this is a republican district. it's two incumbents, it's an incumbent democrat, betty

sutton, one of the most liberal politicians in america, and i'm sure when she doesn't have a record to run on after six years, they are filming my house, and they filmed some of my businesses. it's amazing that they would stoop in the low. but again, when they don't have a record to run on, these are the tactics they take. megyn: you know, this is all based on an article that came out in politico, in part, and politico reports that democrats insist these videos are fair game and are unapologetic about these tactics. they cite a guy named jesse ferguson who's the campaign committee spokesman who said, look, house republicans have spent this entire congress trying to hide that you're protecting benefits from millionaires and perks if or yourselv won't let them keep it secret any longer. congressman renacci, your thoughts on that? >> again, this is the political rhetoric that continues since i've been in congress the past 17 months. we need to start talking about jobs and the economy and finish.

megyn: but they're trying to show you're a rich guy, that you can't relate to regular americans. look at your fancy home, they're trying to paint you as out of touch. >> well, megyn, they should film the home i grew up in. i came from a middle class union, democrat, blue-collar family. it was a four-room home, and i would hope they would show anywhere in america there's opportunity. and i stress that all the time. and it's great that i think anyone in america can have that opportunity. but as congressman ribble said, we're talking about some big numbers. i would hope they would want people there that have balanced budgets, made payrolls, understand what it is to have to live within the rules congress makes. and that's what i do. megyn: yaw said your wife was creeped out by this, but in an age where we saw gabrielle giffords shot down publicly, the step closer to lawmakers in outing their homes, their addresses, their families, does it give you any pause? >> a little bit.

fortunately, i live in northeastern wisconsin which is a safe area, but i can tell you i don't think this type of strategy works, the idea of using fear and intimidation is not going to be effective. if they should have learned one thing about the governor walker recall in the state of wisconsin, that this type of politics doesn't work. and it was soundly rejected just a few weeks ago. and it'll be rejected again. megyn: yeah. i mean, you guys don't make a lot of money when you take a job in the u.s. congress, and you already undergo a lot of public scrutiny, so it does seem a bridge too far. guys, thank you both so much for being here. >> thanks, megyn. >> thank you. megyn: coming up, governor mitt romney is now gearing up for a visit to israel to meet with prime minister benjamin netanyahu. just ahead, john bolton and doug schoen on why governor romney is making this trip and how, if at all, it will effect the 2012 presidential race. also, an airline flight is diverted because of a disruptive passenger onboard, but why were the other hundred people on the flight forced to wait on the

tarmac for 19 hours? >> we went, no! no way, no way. and it took them 25 minutes afterwards to come back and tell us that they were going to have a plane for us. >> this is the worst airline i've ever seen. uh, forgot jack's cereal. [ jack ] what's for breakfast? um... try the number one! [ jack ] yeah, this is pretty good. [ male announcer ] half a day's worth of fiber. fiber one. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. st $14.99. start with soup, salad ancheddar bay biscuits then choose one of 7 entrees plus dessert! four perfect courses, just $14.99. come into red lobster and sea food differently.

megyn: well, an unruly older passenger onboard a spirit airlines flight from l.a. to florida forces the pilot to make an emergency landing down in texas. but that's just the beginning of what would be a very long day for the roughly 100 other passengers onboard. trace gallagher has the story. trace? >> reporter: the red eye flight, megyn, was already 30 minutes late leaving los angeles, but about two hours into that flight the 81-year-old blind man began acting very unruly. here's a passenger describing his behavior.

>> this man was, like, touching everybody, he was going to the bathroom, don't letting nobody go to the bathroom come out to their seats, you know, kicking their walls like, you know, like crazy. you thinking maybe he's going to break the window, you never know what's going to happen, you know? >> reporter: you never know, right? so the captain declares an emergency and lands at george bush intercontinental at houston. the man is taken off, but the passengers wait for almost two hours with no air-conditioning until they're allowed to go inside the terminal. there's nothing open. instead of getting back on the plane and flying to ft. lauderdale, the passengers are told, wait a minute, the pilots have worked too many hours, they can't fly anymore. so they were going to load the passengers on a bus and take them five hours to dallas, and here's what the passengers said. >> we went, no! no way, no way.

and it took them 25 minutes afterwards to come back and tell us that they were going to have a plane for us at 12:30. we did not leave houston until 3:15 in the afternoon. it was unprofessional. spirit was not around to help us whatsoever. >> reporter: well, after that protest, spirit finally got a plane, flew them back to ft. lauderdale. they got in at 8:00, thank you for choosing spirit airlines. megyn: i love how they banded together, who knew you could do that? i'm going to remember that on my next flight. >> reporter: gather them all up. megyn: right? i like that. no, oh, no. no five-hour bus ride. coming up, we have got breaking news on the murder of border agent brian terry. the doj moments ago made a big announcement in connection with his killing in the desert of arizona two years ago. that is minutes away, we'll bring it to you. and the kayaker in this

picture was out fishing, but he wasn't trying to hook this big fish closing in on him. we'll hear more. >> i was, obviously, very nervous, but all i could think of was to turn around and paddle, so that's what i did. i wanted to make it to shore and get out of his territory. [ male announcer ] what's in your energy drink? ♪ wer surge, let it blow your mind. [ male announcer ] for fruits, veggies and natural green tea energy... new v8 v-fusion plus energy. could've had a v8.

[ music plays, record skips ] hi, i'm new ensure clear. clear, huh? my nutritional standards are high. i'm not juice or fancy water, i'm different. i've got nine grams of protein. twist my lid. that's three times more than me! twenty-one vitamins and minerals and zero fat! hmmm. you'll bring a lot to the party. [ all ] yay! [ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach. refreshing nutrition in charge! [ wife ] your dad's really giving him the business... the designated hitter's the best thing to happen to baseball! but it's not the same game! [ wife ] wow, he's really gonna get us a good deal. it's better! no it's not! the pitcher comes up and he's out! [ dealer ] he can bunt! whatever. but we're good with 0% apr for 60 months?

oh, yeah, totally. thank you so much. that must've been brutal. [ male announcer ] the volkswagen autobahn for all event. at 0% apr for 60 months, no one needs to know how easy it was to get your new volkswagen. that's the power of german engineering. megyn: fox news alert on a new reaction from the white house as the president starts to get pushback on calls for a major new tax hike on some. welcome, everyone. i'm megyn kelly. the president calling on congress to hike the tax on those who make more than $250 ,000 a year. >> that's why i believe it's time to let the tax cuts for the wealthiest americans. folklk l lee myself, to expire. [applause] and by the way, i might feel

differently -- it's not like i like to pay taxes -- i might feel differently if we were still in surplus. but we have huge deficits and everybody agrees need to do something about these deficits and these debts. megyn: the president suggested he might have taken a different approach if the economy were in better shape. by his critics say he know's exactly what he's doing, particularly in an elect year. ed henry is live at the white house with more. >> reporter: the president had a rough jobs report friday and the white house is trying to shift the subject to what they believe is more fertile political ground. this central argument the president has made out on the campaign trail, making it today at the white house about what they call taxpayerness. his critics will call it class warfare. he has previously said in debates over extending the bush tax cuts, if you raise taxes,

that's a bad idea in the middle of a struggling economy. that's what would happen here for anyone making over $250,000. in his daily briefing jay carney was careful to note that their claim inside the white house is 98% of americans would see their tax rates stay the same if you kept anyone at $250,000 or less at their current levels. >> if republicans want to hold those tax cuts hostage to the tax cuts for the wealthiest americans, including millan airs and billionaires, that seems pretty untenable. that seems like a hard argument to make. the president's position is clear. we stud extend the tax kits for the middle class for 98%. americans. we should not extends tax cuts for the wealthiest americans, who don't need them.

>> reporter: jay carney went so far to say if the president gets a bill from congress that extends all of the bush tax cuts including for the rich, he would veto that bill. he only wants to carve out extending the current tax rates for one year. sphe would veto any other legislation. president obama's response to even more bad economic news is a massive tax increase. it proves the president doesn't have a clue how to get american working again and help the middle class, that coming from the romney campaign. the white house is trying to say the designing issue of this campaign is taxpayer fairness and governor romney is standing up only for tax cuts for the rich. the romney campaign saying let's extend the tax traits for everyone especially because of the struggling recovery. they are saying it's not about who is standing up for the middle class, it's also about

the president's record the past three to four years. megyn: the president has failed in the past to get this through the democratically controlled senate. the democrats have rejected him on this in the past. some of his critics are saying the timing of this smacks of politics. they were saying in april or may there was a bad jobs report. then announced he supported gay marriage. then he said the private sector is doing fine. then he supported immigration policies that are more relaxed for young early legal immigrants. then we get a terrible june jobs report and he announces he wants to cut taxes for the middle class. the series of events is suggesting that when he gets a bit of bad news he come out and tries to say look over here. does the white house take a position on that? do they say it's coincidental? is there any comment on that? >> reporter: jay carney got a question along those lines. it's interesting because the president coming out for these

middle class tax cuts. he said before, there is also a division in the democratic party about whose tax cuts to extend. nancy pelosi and other democrats said it should be a million dollars or less. megyn: they disagree with the president on that. the battle over healthcare is heating up on capitol hill. the house rules committee meeting on a bill to repeal the healthcare law and the oversight committee is set to examine the law's impact on doctors, patients and job creation. house democrats are launching a full-scale ad war against those republicans who want to repeal the law. >> carla knows the breast cancer screenerring she got saved her life. your member of congress may vote

to repeal important healthcare benefits for everyday americans. megyn: congressman darrell issa is the chairman of the committee that will hold the hearing tomorrow. one of the focus you will have tomorrow. i guess you believe the public is with you on this, is small businesses. the president an hour and a half ago talked about how he wants to cut taxes for small businesses and he believes the tax hike he's proposing will not affect 9 7% of them. you believe the healthcare law will affect small businesses negatively. exactly how? >> the complexity that obama-care brings is amazing. if a company of 50 employees goes to 49 and stays at 49 full-time employees they get under from under obama-care. a lot of companies will make byw

people to part time as opposed to full time. but secondly let's take an example. if you are trying to calculate how you offer healthcare and you air it, but some of your employees go to the exchange because it's a better deal which obama-care an is pass it, what happens is those people actually cause the employer to get a accept at additional $1,000 bill. and the list of those complexities go on and on and on. this is healthcare mandated by all diefneds nuances rather than healthcare being provided by employers. the $2,000 penalty for an employee who doesn't have healthcare and the $2,000 for the employer who doesn't offer it. none of that goes to healthcare. you have a situation if the employer and employee said i'll put $4,000 into buying something, they can't do it because that's not enough to buy

a $12,000 family bronze product. megyn: if you have got a family of four earning $50,000 a year. they say look at the bronze plan, that's the cheapest plan. but it will cost me $5,000 out of pocket. i can't afford it. they are going to get penalized -- they will have to pay the irs $2,000 as a penalty? >> exactly. the employer and employee each would be paying $2,000 each. the government would collect $4,000 in penalties basically basically because they can't afford the plan that has some of those things like the democratic ad you just played. instead of saying let's try to have plans do the minimum, they made the minimum $12,000 for a family of four. that's not affordable in some cases so it will force $4,000 in fines went employer and

employee. megyn: and you don't get anything when you are fined. megyn: we have breaking news in fast and furious. my apoll -- my apologies to the chairman. ' william? >> reporter: you know, for the last 18 months this indictment has been sealed it was june unsealed moments ago. we can tell you there are two suspects in custody, four suspects are still it at large in mexico. and we -- they just revealed they are basically putting a $1 million reward, $250,000 per suspect out there for these men still at large. three of the suspects are brothers. we also learned for the first time that border patrol agents fired bean bag.s at this crew that had assault rifles.

they fired bean bags and these guys returned fire shooting and killing agent terry. they are also doing the fbi -- that is, and the u.s. attorney are doing a news conference as we speak in spanish to try to get information that could lead to the arrest of these outstanding four suspects. megyn: we want to get back to to chairman issa. mr. chairman, your reaction that an indictment charging five individuals has been unsealed. not you feds are unsealing it. and they are -- the fbi is announcing a $1 million reward for the outstanding four fugitives. >> i applaud what they are doing by condemn the timing. it's clear the timing has to do with the house of represent yifers holding eric holder in contempt for not turning over

information. the terry family should have seen this attempt to go public and try to get murderers of brian terry. for 18 months they have known and haven't done everybody they could do to capture these individuals. this is another example of using politics over good policy. again, i applaud the fact that we are going public and we are trying to make it clear that these people are among today today's and mexico's most wanted. but at the same time, the timing is very dubious. megyn: where are we today on the contempt citations against the attorney general? >> we are going forward with the civil side. speaker baron has announced that. but at the same time we are hoping that the u.s. attorney recognizes the president gave an unlawful order. the president's order not to obey a law that says the u.s. attorney shall present to the grand jury is an unlawful order. i was in the military for many

years. i understand your commanders cannot give an you can lawful order and expect to you obey the. our hope is the u.s. attorney may proceed forward. it may cost him his job. but if he proceeds forward he will be doing what he is constitutial obligated to do, which is to present this case to the grand jury. megyn: this is the way it went down under the bush administration as well. so it's been the sauce for the goose. >> you are right. president after president wants to expand the definition and doesn't want to face that third power, the court. i actually think that facing the courts is the appropriate thing and i would hope when the president loses in the court under our civil action, that he will recognize this power is not infinite. megyn: governor mitt romney gearing up for a big trip to israel. we'll speak with john bolton and

doug schoen about what this means. an update on the real-life jaws encounter on the east coast. >> i jumped up and ran down and said get out of the water. there was just a flood of other. brave knights! as you can clearly see from this attractive graph

that our sales have increased by... sorry, my liege. honestly. our sales have increased by 20%. what is this mystical device i see before me? it's an ultrabook. he signed the purchase order. with an ultrabook, everything else seems old fashioned. introducing the ultra sleek, ultra responsive ultrabook. a whole new class of computers powered by intel. do you have any idea where you're going ? wherever the wind takes me. this is so off course. nature can surprise you sometimes... next time, you drive. next time, signal your turn. ...that's why we got a subaru. love wherever the road takes you. i'm making my money do more.

♪ i'm consolidating my assets. i'm not paying hidden fees or high commissions. i'm making the most of my money. and seven-dollar trades are just the start. i'm with scottrade. i'm with scottrade. i'm with scottrade. and i'm loving every minute of it. [ rodger riney ] at scottrade, we give you commission-free etfs, no-fee iras and more. come see why more investors are saying... i'm with scottrade.

>> the current administration has distanced itself from israel and visibly warmed to the palestinian cause. it emboldened the palestinians. they are convinced they can do better at the u.n. than at the bargaining table with israel. as president i'll tree our allies and friends like our friends and allies. megyn: that was governor mitt romney speaking earlier this year speak on what he sees as our deteriorating relations with israel. now he's planning a visit with prime minister netanyahu.

there are with you belg on both sides of the aisle that this strategy could potentially work. joining me now, john bolton, former ambassador to the united nations and doug schoen, former adviser to president bill clinton. where does president obama stand when it comes to jewish voters? >> he's about 59%. governor romney is at 27%. last election president obama got 78% of the jewish vote. given swing states like to ohio, florida and pennsylvania, he needs virtually every one of those votes that he got last time to guarantee himself a victory. the most recent polling shows they are almost a tossup. megyn: he needs to get every vote for the polls. ambassador bolton, some would say that is the reason we are

seeing mitt romney go over to israel. it's his fourth time visiting there in his life from what i'm told. the president has been there one time as a candidate and not since taking office. is it worth it? what does mitt romney gain? a few thousand extra jewish voters? >> it goes well beyond the votes of jewish americans. i think the way president obama has mistreated israel is an example of his generally failed foreign policy. i think from governor romney's points of view this has a lot of benefits showing leadership, america's role in foreign policy, and even with respect to the middle east, support for israel is widespread across the american population, along evangelical christians. it's not just the jewish-american vote. i think governor romney is making a sailant point by taking

this trip. megyn: it doesn't necessarily have to be an israel issue. the ambassador suggesting it's more than just jewish voters who care about the way we deal with israel. >> that's right. if you take the immediate foreign policy where the president has been criticized by governor romney, certainly some in the jewish community for not being assertive enough, going beyond the sanctions currently in place. there is a critique which the ambassador cogently offered of why the president's policy has not added up to robust support of israel and why it has not been a strong enough foreign policy. megyn: governor romney has pledged to do the opposite. the president's campaign spokesman came out and said what does that mean?

he's going to reverse obama's policies of work together to confront iran's nuclear ambitions. what is mitt romney going to do that's so different than what president obama has been doing. >> on iran, this coalition is utterly failing to stop iran from getting nuclear weapons than that's the dramatic contrast. the obama approach of trying to chit-chat iran out of its nuclear weapons program. for israel, the united nations and the rest of the world get nuclear weapons. the obama administration failed to stop the palestinian authority from getting membership in you necessary cowhen it had all the tools it needed in the form of a statute that cut off funding to you necessary co.

-- the funding for unesco. it's on the power carve it's been on before. this president is the most hostile to israel of any american president since the state of israel was formed in 1948 and that's a record they cannot escape. >> i don't think the ambassador is being fair. the weapons systems are the most advanced. he is correct there is fear in the jewish community in a second term the obama administration will get too close to the palestinians and they are concerned about regional security in iran and syria as well. i wouldn't go as far as ambassador bolton but he makes a fair point. megyn: coming up, a surprising new poll on how americans feel about the way president obama has shaped this country.

how he changed it in their view. we'll show you how this could affect the 2012 race for the white house. a heart-stopping experience for a kayaker right after the break. the medicare debate continues in washington... ...more talk on social security... ...but washington isn't talking to the american people. [ female announcer ] when it comes to the future of medicare and social security, you've earned the right to know. ♪ ...so what does it mean for you and your family? [ female announcer ] you've earned the facts. ♪

washington may not like straight talk, but i do. [ female announcer ] and you've earned a say. get the facts and make your voice heard on medicare and social security at earnedasay.org. throught our entire lives. ♪ one a day men's 50+ is a complete multi-vitamin designed for men's health concerns as we age. ♪ it has more of seven antioxidants to support cell health. that's one a day men's 50+ healthy advantage.

megyn: a great white shark gets a little too close to one kayaker off cape cod. this is straight out of jaws. the kayaker said he didn't notice the great white at first until beachgoers started yelling out at him. trace gallagher picks up the story. >> reporter: not only running up and down the beach saying get out of the water. but this happened not far from

where steven spielberg filmed "jaws." they estimate the shark to be between 12-16 feet. the kayaker thinks the nose of the shark was at the back of the kayak. he was on fox news earlier talking with jenna lee. >> all i could think about was turn around and paddle. that's what i did. i wanted to make it to shore and get out of his territory. >> reporter: it's the third sighting off cape cod of a great white shark just this year. marine experts say the sharks come for the seals. and because of marine preservation in recent years the number of seals has gone from 10,000 to 300,000. that's why the great whites are there look for something to eat.

a human being hasn't been attacked by a great white since 1936. a kayaker in santa cruz, his kayak was bitten by a great white on the same day. megyn: all i think of is the great line from the movie "jaws," you are going to need a bigger boat. and the other line where the guy is going, don't look back, don't look back. just swim. when the shark pulls off the dock. scary. >> reporter: 1974. it was a great movie. megyn: the problem is you look like a seal in the water. that's the issue. don't get anything sparkly on your body. the bathing suits are the rhinestones, oh, no.

that's going to ruin your whole summer, trace. bye. >> reporter: bye. megyn: coming up after his break. a stunning poll from the hill suggests that the president did deliver on his promise of change made back in 2008, just not in the way voters hoped. we'll have a fair and balanced debate and why so many people believe america has been transformed for the worst. and it is over. almost as soon as it gone. "kelly's court" looks at the whirlwind settlement just reached by tom cruise and katie holmes within two weeks of filing for divorce and come pro mice they made. 0 [ male announcer ] eligible for medicare?

that's a good thing, but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you. so consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement plans, they pick up some of what medicare doesn't pay. and save you up to thousands of dollars in out-of-pocket costs. call today to request a free decision guide to help you better understand what medicare is all about. and which aarp medicare supplement plan works best for you. with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients... plus, there are no networks, and you'll never need a referral to see a specialist.

there's a range of plans to choose from, too. and they all travel with you. anywhere in the country. join the millions who have already enrolled in the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations... and provided by unitedhealthcare insurance company, which has over 30 years of experience behind it. call today. remember, medicare supplement insurance helps cover some of what medicare doesn't pay -- expenses that could really add up. these kinds of plans could save you up to thousands in out-of-pocket costs... you'll be able choose any doctor who accepts medicare patients. and you never need referrals. so don't wait. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide.

this easy-to-understand guide will answer some of your questions, and help you find the aarp medicare supplement plan that's right for you. megyn: back to our top story. a new poll suggests challenges for the president's reelection team. 68% of voters report that president obama has significantly changed this country. 56% believe it's change for the worse. and 35% say things have turned around for the better. what might be driving these numbers and what do they mean? joining me now, brad brightman and dick harpootlian. this is for you, brad. you said you believe this is a

new vulnerability for the president. why is this not just more of the same right track, wrong track polling. >> this is different. incumbent presidents care about two polls. one is the country heading down the right track or wrong track and are voters better off today than they were before he took office. the majority of americans feel that they are not better off today and the country is heading down the wrong track. now we have a new dynamic. the president is being put to the test and being asked the question, are these policies of change detrimental to the country and a majority of americans believe the change he brought has been destructive to the country. i believe this will be a significant poll come november because it's a new dynamic for a president who promised change in a good way that voters are perceiving from a bad way. megyn: is there anything to

this? the expansion of government, the healthcare law, the bailouts that we saw, not just under president obama but the late part of president bush's tenure. is there something to the notion that the country is fundamentally changes? 68% of the voters agree and 56% believe it's for the worse. >> you can view the glass half full or half empty. the centrists are pretty well split. i agree with brad. it will be hard fought. but the battleground states, the polls indicate he's up in all but one of those states. but to get back to your original question, it's important to understand that we had eight years of president's administration where everybody thought that based on the

expansion of the economy on apparently what was a faulty premise that ice cream was free, everybody was going have a house and everybody was going to have free everything. even president bush with the medicare expansion. we are getting a dose of reality. there is no free lunch. this is -- we were sold almost a ponzi scheme and somebody is having to take it rap for this. somebody has to tell the truth and bring reality home and unfortunately president obama is the guy who had to put the brakes on. ultimately come november it will be a choice between barack obama's future and mitt romney. megyn: your former boss president bush did expand government in a number of ways. the medicare expansion and the tarp bailout. but dick is saying president obama is rieght the ship and stopped the expansion.

i don't even know if we are talking about the right thing? is that what voters are saying? is it the expansion of government they are objecting to? 5% saying the president changed the country for the worst. >> they are talking about the socialization of america. they are talking about specifically i believe obama-care. and the fact is, there is no free lunches. there have never been more free lunches under this president. he picks and chooses winners in the marketplace an coddles unions at the expense of the private sector. he punishes americans for being successful and pits one against the other. but the fundamental change i think they are talking about is this government theory of cradle to grave care for americans when americans don't want to be like europe. we want to be the america that everyone loves and the america that's so successful where the government only provides for us what we can't provide for ourselves. that's why i think this poll is

telling as to what the american people will be thinking when they enter that voting booth. megyn: the numbers haven't been very good for the president on the right track wrong track for a while. it showed this is july 4, 63% believe we are going in the wrong direction. the folks who say we are going in the wrong direction, it's 89% of republicans believe that. 35% of democrats believe it and 66% of unaaffiliated voters believe it. there does seem to be crossing over the aisle when it comes to we are not headed in the right direction. one in five democrats believe the president transformed the country for the worst. is that something you can argue over from a lectern in a debate or is that baked into the minds of the american voters one way or the other. >> i think first of all, again, these numbers are taken in the abstract.

the country is like a super tanker. it will head in the wrong direction for a long time until this president is able to turn it. we have republicans in the house of representatives fighting him every inch of the way. number two, come november, this isn't a choice about right track-wrong track. this is a choice about who do you trust for the next four years. mitt romney, depending on which mitt shows up or obama. i believe the joart of the american public will support going in the direction obama wants to go in and help the middle class. that's going to be the choice, brad. meg are's saying this is a choice election. the question is how to you want to spend the next four years. it's not about what happened in the past four years. and that makes sense for him to argue given the state of the economy and so on. and will it resonate with the

voters? as dick points out it's not like mitt romney is running away with this election, in particular in the swing states. >> it will all be about obama whether he likes it or not there is no more george bush to blame. if the president ran on the record today as a candidate in 2008, mccain would have blown hip out. if he told the american people i'm going to quadruple the debt. we'll have over $16 trillion in debt. i'll have a failed stimulus that will only retard the growth of unemployment. unemployment will remain 8% through my presidency in the inner city as high as 16%, he wouldn't have gone the anywhere. we know what obama's leadership has done because he has a record to run on. romney has to be able to define himself in a way americans can say we need a change to romney.

megyn: the thing about obama-care that's interesting. people feel strongly about this when you look at the polls. the president is running right now in part on the benefits of that law. preexisting conditions are going to be covered. kids up to 26 can stay on their parents' insurance policies. law was specifically designed so the bad parts -- there is more painful parts don't kick in until 2014. we can have a family making 50 ,000 a year that can't afford government exchange policy and they will get fined a couple thousand dollars. they don't have it in their tax return for uncle sam to take it, they will come after it civilly in is a question about when that kicks in, it's going to revolt against the law they thought they loved and thus cost the

democrats long-term. so if you are playing a long game as you are, what are your thoughts on this? >> i think it's relatively simple. there is one place in this country this law has been i implemented where there is a mandate, where there are fines if you don't buy insurance and that's massachusetts. 98% of the people have coverage. it's extraordinarily popular. and while it's been more expensive than governor romney said it would be, it's still well within the bowfneds what they can afford. what happened is people don't use -- poor people especially don't go to the emergency room for their primary care, they go to a primary care physician, saving billions for the taxpayer. what's going to happen in 2014, and governor romney now candidate romney is running from it like a scalded dog. it worked in massachusetts. the problem is he's running on a platform where he says this

mandate is a tax, it's terrible it what's he introduced, what he signed and passed in massachusetts. >> what is good for the people of massachusetts is not necessarily good for the entire 50 states. the 50 states we know have different problems and mandating the one state what's good for one state is not necessarily good for all. this notion that mitt romney what he created -- he has democratic legislature. there is very little codo against it. what's good for massachusetts is good for them. but it's not good for us. megyn: in dick seems particularly interesting, he's filled up with the barbeque from maurice's piggy park. >> nobody ratted me out. no offense here. i'm about to nod off here. maurice's piggy park. enjoy, thank you, guys. >> thank you. megyn: coming up after the

break. tom cruise-katie holmes divorce. "kelly's court" is next with what we know about the how, the why and the how much. plus we'll show you what could be the close kref thing to taking a trip to mars without having to climb in the spacecraft. our current dividend tax rate will expire this year, sending taxes through the roof and hindering economic recovery. the consequences? millions of americans will see their taxes on dividend income spike, slowing investment in u.s. companies and jeopardizing development in energy projects that create american jobs. ask congress to stop a dividend tax hike -- for all of us.

[ male announcer ] we believe

small things can make a big difference. like how a little oil from here can be such a big thing in an old friend's life. purina one discovered that by blending enhanced botanical oils into our food, we can help brighten an old dog's mind so he's up to his old tricks. with this kind of thinking going into our food, imagine all the goodness that can come out of it. just one way we're making the world a better place... one pet at a time. vibrant maturity. from purina one smartblend. megyn: on the docket today. breaking news in the tomkat divorce. reports that would-be hollywood showdown is apparently over. the couple reportedly reaching a settlement agreement. the couple releasing a statement saying they are committed to working together as parents in their daughter's best interests and that's not all.

my question to you, mark how much does this have to do in your evident nation with the public accusations she was apparently make, sources close to her were make about scientology, tom cruise's participation tonight and the effect of the church on their daughter su rirks. they said we want to keep matters affecting our family private and respect each our respective beliefs and support each other's roles as parents. >> they are big stars and no one wants negative p.r. but i have to believe that they both really did want what was in the best interest of their child. so they sat in a room and fortunately the lawyers didn't get rich. they talked out. if she did as we reported on "kelly's court" earlier want sole custody. someone explained to her even if

you show scientology is a big cult and a bunch of weirdoes. the chances of a judge saying he's not going to see that daughter again is not very likely. each party at the negotiations gave in and both left a little dissatisfied. megyn: they are settling for meansful significant contact with su rirks. katie holmes wanted sole custody so she would be decision maker where does she go to school and what church does she go to. if he's getting meaningful significant contact with suri isn't he getting we want from the beginning? >> i think this rapid settlement is just as much about big business as suri.

katie holmes has a movie coming out in a week. in that movie she is portraying the single parent of a daughter. tom cruise is wrapping up a movie in iceland. if they are feuding at the expense after child, i don't think a lot of folks at -- across this country will buy movie tickets. megyn: there were reports she was supposed to get $3 million a year for every year they were mayor is. then there were questions, that it was far less. they didn't have much to argue over when it comes to suri. she was willing to give him shared physical custody. the when is how much money was paid. in a case where you had her leaking to the press about sign scientology. tmz reported that tom cruise was controlling her like a puppet master. it's bad p.r.

did he pay up? >> i think p.r. played a big role. but i think it goes back to that prenup. i don't think it was something that just before they walked down the aisle he said why don't you put your signature there. she knew and he knew chances of altering what both parties agreed to were slim to none. megyn: what was the point of the past two weeks and the likes to the press and the bad damaging allegation and bringing the religion into it? >> megyn, even though these two are mega superstars, they are human beings. i think they were gramming with the emotional aspect of break up. we have to filter that into katie holmes initially reacting the way she did. she is giving in on something she has no leverage not first place. tom cruise would have seen his daughter regardless whether she held out on that. she leaked scientology because

she is sad. anybody who invested their heart and soul in a relationship and it doesn't work out and they have a child together, there will be a lot of turmoil. megyn: we'll be right back. ettlt or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

megyn: thousands of computers have been infected with a special virus that could cut off your internet access. the fbi seat deadline for millions of americans to fix them or risk losing their internet access by today if you woke up this morning and couldn't surf the worldwide web you could be a victim.

>> reporter: more than 200,000 wordwide will have to use their telephones or get from their desk to communicate or do business. no web access whatsoever. this is the internet doomsday. millions of ice downloaded a virus that redirected computers to rogue web sites that stole personal data like credit card numbers. the fbi review thed the computers to a clean server. the good news is the number of people affected heed the advice, got help before last night's midnight deadline, including dozens of fortune 500 companies. the machines were scrubbed clean before today.

>> now that the time period has passed for tempt prairie st. louis to be put in place, those temporary solutions are being taken down by the fbi. if people haven't cleaned up their computer from the malware, it will not work. >> reporter: if you can't connect to the internet you will have to get some help and it may take a while. >> do you think life was better before we had the internet? >> romantically, yes, but intellectually, no. these things are great. megyn: i used to walk around and think. it was great. and look at scenery. >> reporter: pay phones. remember that? megyn: we are taking your thoughts on it. follow me on twitter @megan

kelly. wer surge, let it blow your mind. [ male announcer ] for fruits, veggies and natural green tea energy... new v8 v-fusion plus energy. could've had a v8.

: okay, team! after age 40, we can start losing muscle --

8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft.